British Citizenship

Lord Avebury: asked Her Majesty's Government:
	Why the British Consulate-General in Hong Kong requires a renunciation certificate from a British dependent territories citizen (BDTC) of Nepalese origin in Hong Kong who applies for registration as a British citizen, bearing in mind that records of the consulate-general would indicate whether such a person had or had not renounced his Hong Kong BDTC status, and thus whether he remained a Nepalese citizen.

Lord Triesman: The British Consulate-General (BCG) in Hong Kong does not require a certificate of renunciation of British dependent territories citizenship from a person of Nepalese origin who applies for registration as a British citizen. The BCG spoke to the Nepalese consul-general on 6 December explaining fully the criteria for applications and he will be informing the Nepalese community what essential documentation is required to accompany applications.

Civil Service: Northern Ireland

Lord Laird: asked Her Majesty's Government:
	What employment legislation governs civil servants from the Republic of Ireland who work in the United Kingdom in cross-border bodies.

Lord Rooker: There are no civil servants from government departments in Ireland working in the north/south implementation bodies in Northern Ireland. There is one public servant seconded from a semi-state body in Ireland to work in a north/south implementation body in Northern Ireland.
	Northern Ireland employment law applies to employees of the north/south implementation bodies and Tourism Ireland Limited unless they do their work wholly or mainly outside Northern Ireland. Any civil servants or other staff seconded to north/south implementation bodies in Northern Ireland from government departments or semi-state bodies in Ireland would retain a contractual relationship with that department or body. The extent to which both Northern Ireland employment legislation and Irish employment law may apply would depend on the terms under which they were working and the particular employment-related matter at issue.

Data Protection: Money Transfers

Baroness Noakes: asked Her Majesty's Government:
	Whether the European Union Data Protection Directive 95/46/EC applies to data transferred by way of the SWIFT international money transfer service; and, if so, what advice they have given to United Kingdom banks and other financial institutions about compliance with that directive or with the Data Protection Act 1998.

Lord McKenzie of Luton: I refer the noble Baroness to the statements on compliance posted by SWIFT on its website (www.swift.com/index.cfm?item_id=60786) and in particular to its reaction to the recent report of the committee established under Article 29 of the Data Protection Directive 95/46/EC (www.swift.com/index.cfm?item _id=60798). The application of UK and EU legislation in specific cases to particular firms is a matter for the firms themselves and for the courts.

Disabled People: Advocates

Lord Maginnis of Drumglass: asked Her Majesty's Government:
	Whether they have plans to provide a system whereby those persons who are severely mentally or physically handicapped can be provided with a dedicated advocate to guide them through complex multi-departmental, interdepartmental and agency matters; and, if so, at what age they would be entitled to the services of a dedicated advocate.

Lord Warner: The department supports the development of advocacy in many different ways. It has a Section 64 funding stream through which it funds each year a number of very important advocacy projects. It also encourages the health service to fund mental health advocacy through a number of initiatives such as developing an advocacy training qualification to ensure advocacy is consistently of high quality. Perhaps the most important support for advocacy has been through the introduction of the Mental Capacity Act 2005, which will, in April 2007, introduce statutory advocacy for persons who are severely mentally incapacitated and who have no other family or friends to assist them in making complex decisions.
	The department has no plans to make dedicated advocates available to every individual with severe disabilities. However, the department expects there to be a steady increase in advocacy over the next few years and for people with severe disabilities to benefit from this increase.

Education: Further Education Institutions

Lord Judd: asked Her Majesty's Government:
	What is their approach to the principle of retrospective legislation; and what are the implications for that approach of the provision in the Further Education and Training Bill that principals in further education institutions should have specified qualifications irrespective of when they were appointed.

Lord Adonis: The Government consider carefully on a case-by-case basis whether it is appropriate to legislate with retrospective effect. Such legislation has the potential to give rise to unfairness and may, in certain circumstances, be incompatible with the European Convention on Human Rights. But in other cases, it is a wholly appropriate approach—for example, where a technical defect in legislation has been identified which needs to be remedied. That said, Clause 22 of the Further Education and Training Bill is not retrospective in its effect.
	This clause amends Section 137 of the Education Act 2002 in two ways. First, it disapplies subsection (3) in relation to England, which effectively means that all principals could be covered by regulations made under this section, whether they are serving or newly appointed. Secondly, it inserts new subsection (2A) which provides that regulations made under Section 137(9) may limit the period of time in which a principal may remain in post whilst obtaining the requisite qualification. At present, Section 137 does not apply to principals who were appointed before the commencement of the provision.
	We intend to put in place regulations for newly appointed principals next year and, following passage of this legislation, will extend their scope to cover serving principals when they move to a new post. It is, however, not our intention to make this leadership qualification mandatory for serving principals who remain in post at this stage. If there is insufficient voluntary participation in the qualifying programme by September 2009, we may extend the regulations to include this group. Once the regulations come into effect, we anticipate that principals would have up to three years in which to achieve the qualification.
	It is not unusual for additional requirements to be placed upon professionals once they have been appointed to a post, and a similar approach was taken for school heads who are now, by virtue of Section 135 of the Education Act 2002, required to obtain a specified qualification.

Food: Supplements

Lord Powell of Bayswater: asked Her Majesty's Government:
	What steps they are taking to ensure that the European Union Commission sets safe upper levels based on robust toxicity data of vitamins and minerals in food supplements so that the rights of the United Kingdom food supplement and natural health industries to apply for authorisation of validated disease risk reduction claims under the European Union Nutrition and Health Claims Regulation are not prejudiced, and so that United Kingdom consumer choice is not unnecessarily limited.

Lord Warner: The United Kingdom Government have responded to the European Commission's discussion document on setting levels of vitamins and minerals in foodstuffs and Food Standard Agency (FSA) officials met with the Commission to discuss this further on 8 November. The UK response to the Commission makes it clear that safe upper levels should be set based on scientific risk assessment.
	The Commission welcomed the UK response and indicated that the work by the UK's expert group on vitamins and minerals on setting safe upper levels for on a scientific basis would be a key factor in developing proposals. A timeline for developing proposals has not yet been agreed by the Commission. Working group discussions between member states may begin in late spring with proposals not expected to be brought forward before the end of 2007.

Former Yugoslavia: International Criminal Tribunal

Lord Astor of Hever: asked Her Majesty's Government:
	What follow-up mechanism will be put in place to ensure the full co-operation of Serbia and Bosnia-Herzegovina with the International Criminal Tribunal for the former Yugoslavia, following their invitation to join the NATO Partnership for Peace.

Lord Triesman: NATO's invitation for Serbia and Bosnia-Herzegovina to join Partnership for Peace (PfP) was taken in the interests of long-term stability in the western Balkans and as recognition of the progress the two countries have made. However, the communiqué from the Riga summit makes it clear that NATO expects Serbia and Bosnia-Herzegovina to co-operate fully with the International Criminal Tribunal for the former Yugoslavia (ICTY) and will closely monitor their respective efforts in this. This will be important for both countries as PfP members and if they want to move beyond PfP towards full NATO membership. The level of co-operation of both countries with the ICTY is subject to regular review by ICTY's chief prosecutor, Carla Del Ponte.

Health: Audiology

Lord Turnberg: asked Her Majesty's Government:
	What were the total number of audiologists working in the National Health Service for each of the years 2000 to 2005.

Lord Warner: Healthcare scientists in audiology were recorded for the first time in the 2004 workforce census. The table shows the number of qualified audiologists since 2004.
	
		
			 Qualified audiologists 
			 Year England (headcount) 
			 2004 1,582 
			 2005 1,651 
			 Source: Non-medical Workforce Census

Health: Audiology

Lord Walton of Detchant: asked Her Majesty's Government:
	What is their assessment of the extent to which their proposal to contract out most audiology services to the private sector is likely to reduce the availability of digital hearing aids in the National Health Service; and
	Whether they have evidence that primary care trusts will be able or willing to commission audiology services contracted out to the private sector sufficiently to satisfy clinical need.

Lord Warner: A national action plan for audiology is currently being developed to address issues around access and waiting times, including developing a strategic model for future service development. The working group that is developing the action plan will be considering the role of all stakeholders (statutory, private and third sector) in delivering an effective service that best meets clinical need.
	In addition to the development of the action plan, the department has also announced the procurement of up to 300,000 audiology pathways to provide assessment, fitting and follow-up. Both of these measures will assist in significantly reducing waiting times and will greatly benefit those who receive hearing aids.
	The public/private partnership (PPP) for audiology is proving to be very successful. The latest data for October 2006 show that about 50,000 patients have completed pathways through PPP. National Health Service trusts benefit from the increased capacity, competitive pricing and quality of service provision available through the PPP.
	The modernising hearing aid services (MHAS) programme resulted in all NHS audiology services routinely fitting digital hearing aids. The development of the national action plan will build on the progress made with MHAS.

Health: Audiology

Baroness Tonge: asked Her Majesty's Government:
	What steps they are taking to monitor the audiology services provided by the independent sector.

Lord Warner: There is currently a public/private partnership for the provision of digital hearing aids, governed by a national framework agreement. Local National Health Service organisations enter into contracts with independent sector providers under the terms of the national framework agreement. The agreement includes a number of contract terms to ensure that contractors provide services of appropriate quality to NHS patients. Any issues of quality that cannot be resolved locally may be escalated to the NHS Purchasing and Supply Agency.
	The NHS is not mandated to use the national framework agreement and local NHS organisations are able to negotiate their own contracts with the independent sector if they wish. No central monitoring activity is undertaken with regard to locally negotiated contracts, although we would expect that robust governance arrangements are put in place.
	A national procurement of audiology services is being undertaken as part of the second phase of the independent sector treatment centre programme. Registration by an independent sector provider with the Healthcare Commission is a prerequisite for all contracts awarded under this procurement. The department also has in place a robust central contract management framework for these services which includes clinical and non-clinical key performance indicators, which cover service levels, patient experience and quality of care.

Health: Audiology

Baroness Tonge: asked Her Majesty's Government:
	What advice they have given to primary care trusts on the requirement to provide audiology services; and what provision will be made for patients who require follow-up treatment or who have complex needs.

Lord Warner: It is the responsibility of local health services to ensure their populations benefit from modernised audiology services, including patients who require follow up treatment or have complex needs. The modernising hearing aid services (MHAS) programme run by the Royal National Institute for the Deaf (RNID) on behalf of the department has resulted in all National Health Service audiology services routinely fitting digital hearing aids since April 2005.
	The national framework contract public/private partnership, announced in October 2003, allows NHS trusts to use particular private hearing aid dispensers to see NHS patients. It ensures that the patient receives care to the same standard as applies in the NHS, is provided with the same hearing aids and remains the responsibility of the NHS. A national action plan for audiology will be published in early 2007. The action plan will be aimed at improving access and reducing waiting times for the service. We are developing the plan in close conjunction with stakeholders, with a view to publication in early 2007. The plan will set out strategy, measures, deliverables and timescales.
	In addition to the development of the action plan, the department has also announced the procurement of up to 300,000 audiology pathways to provide assessment, fitting and follow up. The development of the action plan will build on the progress made through MHAS and the PPP to improve access to, and provision of, audiology services.

Health: Cerebral Palsy

Lord Walton of Detchant: asked Her Majesty's Government:
	What is their assessment of the extent to which the predominant causative factors leading to the development of all forms of cerebral palsy are natural causes, or negligent care during pregnancy and delivery; and whether more research is needed to clarify the mechanisms involved.

Lord Warner: I am advised that cerebral palsy is sometimes because of a blocked blood vessel, complications in labour, extreme prematurity or illness just after birth. Infections during pregnancy, or during infancy and early childhood—meningitis or encephalitis, for example—can also cause cerebral palsy. Occasionally it is due to an inherited disorder. It is sometimes possible to identify the cause of cerebral palsy, but not always.
	The main agency through which the Government support medical and clinical research is the Medical Research Council. The MRC is an independent body funded by the Department of Trade and Industry via the Office of Science and Innovation. The MRC always welcomes high quality applications for support into any aspect of human health and these are judged in open competition with other demands on funding.

Money

Lord Marlesford: asked Her Majesty's Government:
	What is the equivalent purchasing power of £50 at the time of the introduction of the £50 note in 1981 at today's prices; and why they have not introduced a £100 note.

Lord McKenzie of Luton: Adjusting for inflation, the purchasing power of £50 in 1981 would be equivalent to the purchasing power of around £137 (to January 2006). The Bank of England currently has no plans to change the denominational structure of its note issue. It does not believe that there is public demand for a £100 note. This is because the public makes much greater use of electronic payments than they did in 1981. Survey evidence shows that the vast majority of cash transactions are for a value of £5 or less and that the highest denomination note that the public would prefer to receive from an ATM withdrawal is £20. A further consideration is that high denomination notes can be more attractive to those wishing to hold and transfer criminal funds.

Montserrat

Lord Morris of Manchester: asked Her Majesty's Government:
	What progress has been made in the granting of entrustments for Montserrat to allow it to continue its full participation in the Caribbean Community and Common Market (CARICOM) and the CARICOM single market and economy.

Lord Triesman: I discussed Montserrat's participation in the Caribbean Community and Common Market (CARICOM) CARICOM single market and economy (CSME) with the Chief Minister of Montserrat when we met in London last month. A cost benefit analysis, presented in Montserrat on 2 December, is being sent to Foreign and Commonwealth Office (FCO) officials. This analysis was requested by the FCO to enable us to determine that all the implications of Montserrat's application to join the CSME have been considered thoroughly. The Government of Montserrat also need to demonstrate to the United Kingdom that they have in place all the necessary laws to enable them to give effect to the obligations that will arise out of membership of the CSME. This information must be received before I can decide whether to grant an entrustment, given the Government's responsibilities for international obligations and to protect ourselves from potential contingent liabilities.

Montserrat

Lord Morris of Manchester: asked Her Majesty's Government:
	Whether they propose to support constitutional changes to strengthen the capacity of the Government of Montserrat, in order that elected members may have similar powers of scrutiny to those enjoyed by their counterparts in other overseas territories.

Lord Triesman: A constitutional review process is under way in the overseas territories, including in Montserrat. The aim is to ensure that the constitutional relationship reflects the needs of both the overseas territories and the United Kingdom. The Government are committed to considering carefully proposals from overseas territory Governments for constitutional modernisation. The draft constitutions resulting from the review process are not identical, as each territory is unique and needs a constitutional framework to suit its own circumstances.

NHS: Monitor

Baroness Noakes: asked Her Majesty's Government:
	Whether they have any plans to alter the relationship between Monitor and National Health Service foundation trusts.

Lord Warner: As described in the consultation document published on 27 November 2006, The Future Regulation of Health and Adult Social Care, Monitor will continue to regulate National Health Service foundation trusts ensuring that they meet the requirements for governance, financial stability and delivery of mandatory services set out in their terms of authorisation.

NHS: Monitor

Baroness Noakes: asked Her Majesty's Government:
	How much National Health Service foundation trusts have borrowed from the private sector by way of loans with repayment terms extending beyond one year.

Lord Warner: I am advised by the chairman of Monitor (whose statutory name is the Independent Regulator of National Health Service Foundation Trusts) that no NHS foundation trust has made any such borrowing to date.
	Monitor will shortly be publishing its six-month report on the NHS foundation trust sector for the period 1 April to 30 September 2006 on its website (www.monitor-nhsft.gov.uk). This will show that, further to its ability to do so under Monitor's prudential borrowing code for NHS foundation trusts (a copy of which was laid before Parliament in March 2005), NHS foundation trusts have borrowed approximately £75 million from the department's foundation trust financing facility.

North Korea: Human Rights

Lord Alton of Liverpool: asked Her Majesty's Government:
	How they intend to communicate their concerns over the alleged human rights violations occurring in North Korea to the United Nations Secretary-General-designate, Ban Ki-Moon; whether they will invite him to give his public backing to the United Nations special rapporteur on human rights in the Democratic People's Republic of Korea, Vitit Muntarbhorn; and whether they will invite him to pursue the cause of human rights in North Korea at high levels within the United Nations.

Lord Triesman: United Nations Secretary-General-designate, Mr Ban Ki-Moon, has already stated that he will actively look for a diplomatic solution to resolving the issues posed by the Democratic People's Republic of Korea (DPRK). The DPRK human rights situation is a matter of serious concern to the Government. My right honourable friend the Foreign Secretary previously raised DPRK human rights issues with Mr Ban when he was Foreign Minister of the Republic of Korea, and they again discussed DPRK issues during Mr Ban's visit to London on 5 December. We will continue to stress to Mr Ban the importance of maintaining international pressure on DPRK to improve its human rights record and to allow UN Special Rapporteur Vitit Muntarbhorn access to North Korea.
	My right honourable friend the Minister of State for Trade, Investment and Foreign Affairs, Ian McCartney, hosted a meeting on 16 November at the House of Commons, where Mr Muntarbhorn addressed Members of both Houses and non-governmental organisations.

Waste Management: Recycling

Lord Greaves: asked Her Majesty's Government:
	What is their estimate of the amount and proportion of waste that is recycled (a) by schools in each local education authority in England, and (b) by each further education college in England.

Lord Adonis: We do not know the amount and proportion of waste that is recycled by schools and further education colleges in England.